[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 2432 Introduced in Senate (IS)]

103d CONGRESS
  2d Session
                                S. 2432

 To authorize appropriations for the National Oceanic and Atmospheric 
      Administration for Fiscal Year 1995, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

           September 13 (legislative day, September 12), 1994

Mr. Kerry (for himself and Mr. Stevens) introduced the following bill; 
    which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
 To authorize appropriations for the National Oceanic and Atmospheric 
      Administration for Fiscal Year 1995, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Oceanic and Atmospheric 
Administration Authorization Act of 1994''.

SEC. 2. DEFINITIONS.

    For the purposes of this Act, the term--
            (1) ``Act of 1890'' means the Act entitled ``An Act to 
        increase the efficiency and reduce the expenses of the Signal 
        Corps of the Army, and to transfer the Weather Bureau of the 
        Department of Agriculture'', approved October 1, 1890 (26 Stat. 
        653); and
            (2) ``Act of 1947'' means the Act entitled ``An Act to 
        define the functions and duties of the Coast and Geodetic 
        Survey, and for other purposes'', approved August 6, 1947 (33 
        U.S.C. 883a et seq.).

            TITLE I--NOAA ATMOSPHERIC AND SATELLITE PROGRAMS

SEC. 101. NATIONAL WEATHER SERVICE OPERATIONS AND RESEARCH.

    There are authorized to be appropriated to the Secretary of 
Commerce, to enable the National Oceanic and Atmospheric Administration 
to carry out the operations and research activities of the National 
Weather Service under law, $526,277,000 for fiscal year 1995. Moneys 
appropriated pursuant to this authorization shall be used to fund those 
activities relating to National Weather Service operations and research 
specified by the Act of 1890, the Act of 1947, and any other law 
involving such activities. Such activities include meteorological, 
hydrological, and oceanographic public warnings and forecasts, as well 
as applied research in support of such warnings and forecasts.

SEC. 102. PUBLIC WARNING AND FORECAST SYSTEMS.

    There are authorized to be appropriated to the Secretary of 
Commerce, to enable the National Oceanic and Atmospheric Administration 
to improve its public warning and forecast systems under law, 
$160,599,000 for fiscal year 1995. Moneys appropriated pursuant to this 
authorization shall be used to fund those activities relating to public 
warning and forecast systems specified by the Act of 1890, the Act of 
1947, and any other law involving such activities. Such activities 
include the development, acquisition, and implementation of major 
public warning and forecast systems.

SEC. 103. CLIMATE AND AIR QUALITY RESEARCH.

    (a) In General.--There are authorized to be appropriated to the 
Secretary of Commerce, to enable the National Oceanic and Atmospheric 
Administration to carry out its climate and air quality research 
activities under law, $139,023,000 for fiscal year 1995. Moneys 
appropriated pursuant to this authorization shall be used to fund those 
activities relating to climate and air quality research specified by 
the Act of 1890, the Act of 1947, and any other law involving such 
activities. Such activities include interannual and seasonal climate 
research, long-term climate and air quality research, high performance 
computing, elementary education programs to augment global observation 
systems, and the National Climate Program.
    (b) Climate and Global Change.--Of the sums authorized under 
subsection (a), $84,012,000 for fiscal year 1995 are authorized to be 
appropriated for the purposes of studying climate and global change. 
Such program shall augment and integrate existing programs of the 
National Oceanic and Atmospheric Administration and shall include 
global observations, monitoring, and data and information management 
relating to the study of changes in the Earth's climatic system, 
fundamental research on critical oceanic and atmospheric processes, and 
climate prediction and diagnostics.

SEC. 104. ATMOSPHERIC RESEARCH.

    There are authorized to be appropriated to the Secretary of 
Commerce, to enable the National Oceanic and Atmospheric Administration 
to carry out its atmospheric research activities under law, $47,020,000 
for fiscal year 1995. Money appropriated pursuant to this authorization 
shall be used to fund those activities relating to atmospheric research 
specified by the Act of 1890 and by any other law involving such 
activities. Such activities include research for developing improved 
observation and prediction capabilities for atmospheric processes, as 
well as solar-terrestrial services and research.

SEC. 105. SATELLITE OBSERVING SYSTEMS.

    (a) In General.--There are authorized to be appropriated to the 
Secretary of Commerce, to enable the National Oceanic and Atmospheric 
Administration to carry out its satellite observing systems activities 
under law, $366,201,000 for fiscal year 1995. Moneys appropriated 
pursuant to this authorization shall be used to fund those activities 
relating to data and information services specified by the Act of 1890 
and by any other law involving such activities. Such activities include 
spacecraft procurement, launch, and associated ground station system 
changes involving polar orbiting and geostationary environmental 
satellites and land remote-sensing satellites, as well as the operation 
of such satellites.

SEC. 106. DATA AND INFORMATION SYSTEMS.

    There are authorized to be appropriated to the Secretary of 
Commerce, to enable the National Oceanic and Atmospheric Administration 
to carry out its data and information services activities under law, 
$35,087,000 for fiscal year 1995. Moneys appropriated pursuant to this 
authorization shall be used to fund those activities relating to data 
and information services specified by the Act of 1890 and by any other 
law involving such activities. Such activities include climate data 
services, ocean data services, geophysical data services, environmental 
data services, and information services.

               TITLE II--NOAA OCEAN AND COASTAL PROGRAMS

SEC. 201. NATIONAL OCEAN SERVICE.

    (a) Mapping, Charting, and Geodesy.--There are authorized to be 
appropriated to the Secretary of Commerce, to enable the National 
Oceanic and Atmospheric Administration to carry out mapping, charting, 
and geodesy activities (including geodetic data collection and 
analysis) under the Act of 1947 and any other law involving those 
activities, $54,012,000 for fiscal year 1995.
    (b) Observation and Assessment.--There are authorized to be 
appropriated to the Secretary of Commerce, to enable the National 
Oceanic and Atmospheric Administration to carry out observation and 
assessment activities--
            (1) under the Act of 1947 and any other law involving those 
        activities, $68,546,000 for fiscal year 1995; and
            (2) under title II of the Marine Protection, Research, and 
        Sanctuaries Act of 1972 (33 U.S.C. 1441 et seq.) $13,000,000 
        for fiscal year 1995.
    (c) Coastal Ocean Program.--Of the sums authorized under subsection 
(b)(1), $11,433,000 for fiscal year 1995 are authorized to be 
appropriated for the purposes of conducting a Coastal Ocean Program. 
Such program shall augment and integrate existing programs of the 
National Oceanic and Atmospheric Administration and shall include 
efforts to improve predictions of fish stocks to better conserve and 
manage living marine resources, to improve predictions of coastal ocean 
pollution to help correct and prevent degradation, and to improve 
predictions of coastal hazards to protect human life and personal 
property.

SEC. 202. OCEAN AND GREAT LAKES RESEARCH.

    There are authorized to be appropriated to the Secretary of 
Commerce, to enable the National Oceanic and Atmospheric Administration 
to carry out ocean and Great Lakes research activities under the Act of 
1947, the Act of 1890, and any other law involving those activities, 
$18,527,000 for fiscal year 1995.

SEC. 203. UNDERSEA RESEARCH.

    There are authorized to be appropriated to the Secretary of 
Commerce, to enable the National Oceanic and Atmospheric Administration 
to carry out its undersea research activities under law, $18,000,000 
for fiscal year 1995. Moneys appropriated pursuant to this 
authorization shall only be used to fund the ongoing operations of 
existing undersea research centers.

                TITLE III--NOAA MARINE FISHERY PROGRAMS

SEC. 301. AUTHORIZATION OF APPROPRIATIONS.

    The National Oceanic and Atmospheric Administration Marine 
Fisheries Program Authorization Act (Public Law 98-210; 97 Stat. 1409) 
is amended--
            (1) in section 2(a)--
                    (A) by striking ``and'' immediately after ``1992'' 
                and inserting a comma; and
                    (B) by inserting immediately before the period at 
                the end ``, $51,092,000 for fiscal year 1995'';
            (2) in section 3(a)--
                    (A) by striking ``and'' immediately after ``1992'' 
                and inserting a comma; and
                    (B) by inserting immediately before the period at 
                the end ``, $14,198,000 for fiscal year 1995''; and
            (3) in section 4(a)--
                    (A) by striking ``and'' immediately after ``1992'' 
                and inserting a comma; and
                    (B) by inserting immediately before the period at 
                the end ``, $17,089,000 for fiscal year 1995''.

                   TITLE IV--MISCELLANEOUS PROVISIONS

SEC. 401. PROGRAM SUPPORT.

    (a) Executive Direction and Administrative Activities.--
            (1) There are authorized to be appropriated to the 
        Secretary of Commerce, to enable the National Oceanic and 
        Atmospheric Administration to carry out executive direction and 
        administrative activities (including management, administrative 
        support, provision of retired pay of National Oceanic and 
        Atmospheric Administration commissioned officers, and policy 
        development) under the Act entitled ``An Act to clarify the 
        status and benefits of commissioned officers of the National 
        Oceanic and Atmospheric Administration, and for other 
        purposes'', approved December 31, 1970 (33 U.S.C. 857-1 et 
        seq.), and any other law involving those activities, 
        $81,944,000 for fiscal year 1995.
            (2) Of the sums authorized under this subsection $1,000,000 
        is authorized to be appropriated for the purpose of conducting 
        the study under section 404.
    (b) Acquisition, Construction, Maintenance, and Operation of 
Facilities.--There are authorized to be appropriated to the Secretary 
of Commerce, for acquisition, construction, maintenance, and operation 
of facilities of the National Oceanic and Atmospheric Administration 
under any law involving those activities, $100,000,000 for fiscal year 
1995.
    (c) Marine Services.--There are authorized to be appropriated to 
the Secretary of Commerce, to enable the National Oceanic and 
Atmospheric Administration to carry out marine services activities 
(including ship operations, maintenance, and support) under the Act of 
1947 and any other law involving those activities, $62,599,000 for 
fiscal year 1995.
    (d) Aircraft Services.--There are authorized to be appropriated to 
the Secretary of Commerce, to enable the National Oceanic and 
Atmospheric Administration to carry out aircraft services activities 
(including aircraft operations, maintenance, and support) under the Act 
of 1890 and any other law involving those activities, $14,680,000 for 
fiscal year 1995.

SEC. 402. CONVEYANCE OF NATIONAL MARINE FISHERIES SERVICE LABORATORY AT 
              GLOUCESTER, MASSACHUSETTS.

    (a) Conveyance Required.--
            (1) In general.--The Secretary of Commerce shall convey to 
        the Commonwealth of Massachusetts, all right, title, and 
        interest of the United States in and to the property comprising 
        the National Marine Fisheries Service laboratory located on 
        Emerson Avenue in Gloucester, Massachusetts.
            (2) Terms.--A conveyance of property under paragraph (1) 
        shall be made--
                    (A) without payment of consideration; and
                    (B) subject to the terms and conditions specified 
                under subsections (b) and (c).
    (b) Conditions for Transfer.--
            (1) In general.--As a condition of any conveyance of 
        property under this section, the Commonwealth of Massachusetts 
        shall assume full responsibility for maintenance of the 
        property for as long as the Commonwealth retains the right and 
        title to that property.
            (2) Continued use of property by nmfs.--The Secretary may 
        enter into a memorandum of understanding with the Commonwealth 
        of Massachusetts under which the National Marine Fisheries 
        Service is authorized to occupy existing laboratory space on 
        the property conveyed under this section, if--
                    (A) the term of the memorandum of understanding is 
                for a period of not longer than 5 years beginning on 
                the date of enactment of this Act; and
                    (B) the square footage of the space to be occupied 
                by the National Marine Fisheries Service does not 
                conflict with the needs of, and is agreeable to, the 
                Commonwealth of Massachusetts.
    (c) Reversionary Interest.--All right, title, and interest in and 
to all property conveyed under this section shall revert to the United 
States on the date on which the Commonwealth of Massachusetts uses any 
of the property for any purpose other than the Commonwealth of 
Massachusetts Division of Marine Fisheries resource management program.

SEC. 403. REIMBURSEMENT OF EXPENSES.

    (a) In General.--Notwithstanding section 3302(b) and (c) of title 
31, United States Code, and subject to subsection (b) all amounts 
received by the United States in settlement of, or judgment for, damage 
claims arising from the October 9, 1992, allision of the vessel ZACHERY 
into the National Oceanic and Atmospheric Administration research 
vessel DISCOVERER--
            (1) shall be retained as an offsetting collection in the 
        Fleet Modernization, Shipbuilding, and Conversion account of 
        the National Oceanic and Atmospheric Administration;
            (2) shall be deposited in that account upon receipt by the 
        United States Government; and
            (3) shall be available only for obligation for National 
        Oceanic and Atmospheric Administration vessel repairs.
    (b) Limitation.--Not more than $518,757.09 of the amounts referred 
to in subsection (a) may be deposited into the Fleet Modernization, 
Shipbuilding, and Conversion account pursuant to this section.

SEC. 404. STUDY OF NOAA CORPS.

    Within 90 days of the date of enactment of this Act, the Secretary 
of Commerce shall contract with the National Research Council to 
examine and report to the Secretary and the Congress on the 
responsibilities and activities of the National Oceanic and Atmospheric 
Administration Corps (hereinafter referred to as the ``Corps'') in 
supporting the missions of the National Oceanic and Atmospheric 
Administration. In particular, the study shall--
            (1) examine future requirements for a uniformed service in 
        operating the fleet and aircraft of the National Oceanic and 
        Atmospheric Administration, conducting hydrographic surveys, 
        managing national marine sanctuaries, conducting oceanic and 
        atmospheric research, and carrying out other responsibilities 
        and activities of the National Oceanic and Atmospheric 
        Administration.
            (2) examine the role of the Corps in the fleet replacement 
        and modernization program;
            (3) evaluate and compare the costs of services provided by 
        the Corps and civilian employees in similar positions; and
            (4) assess the availability of trained civilian employees 
        to carry out identified activities in a cost effective manner 
        that are currently the responsibility of the Corps.

SEC. 405. WEATHER REPORTING STATIONS FOR PRINCE WILLIAM SOUND.

    (a) Installation.--To provide more comprehensive weather 
information to ensure the safety of fishermen and tank vessels and to 
protect the resources of Prince William Sound from potential oil 
spills, the Secretary of Commerce may expend $340,000 to acquire, 
construct, and install weather reporting stations in Prince William 
Sound, Alaska, as follows:
            (1) In the vicinity of Seal Rocks, to acquire and install a 
        weather buoy capable of measuring and reporting wind speed and 
        direction, barometric pressure, wave height and period, and air 
        temperature.
            (2) On the existing tower at Bligh Reef, to acquire and 
        install a weather instrument capable of measuring and reporting 
        wind speed and direction.
            (3) At Potato Point, to relocate the existing anemometer to 
        a more exposed location in order to provide more accurate 
        information.
            (4) At the Hinchinbrook Lighthouse site, to acquire and 
        install an anemometer.
    (b) Maintenance.--The Secretary of Commerce may expend $160,000 in 
each of fiscal years 1995 and 1996 to maintain the equipment identified 
in subsection (a).

SEC. 406. CONTRACTOR ACTIVITIES.

    Activities of the contractor, including the purchase, 
transportation, receiving, and installation of property and materials, 
on behalf of the National Oceanic and Atmospheric Administration 
pursuant to the modernization of the National Weather Service as set 
forth in Public Law 102-567, are hereby expressly exempted from 
taxation in any manner of form by any State, county, municipality, or 
any subdivision thereof.

SEC. 407. CLEANUP OF NOAA FACILITIES.

    (a) Section 201 of the Act of November 2, 1966 (Public Law 89-702; 
80 Stat. 1091), formerly known as the Fur Seal Act of 1966, (16 U.S.C. 
1161), is amended by adding at the end the following sentence: ``To the 
maximum extent feasible, the Secretary shall carry out his duties under 
this Act through contracts, compacts, or memoranda of agreement with 
the entities on the Pribilof Islands entitled to receive conveyance of 
lands by this Act.''.
    (b) Section 205 of that Act is amended by adding at the end the 
following new subsection:
    ``(h) The Secretary is authorized to clean up the dumps, debris, 
storage tanks, property, hazardous conditions, and contaminants which 
the Federal Government abandoned or conveyed to entities of the 
Pribilof Islands. The Secretary is authorized to execute contracts or 
agreements, including agreements on a reimbursable basis with the State 
of Alaska or local governments, and to provide financial and technical 
assistance and training requested by said entities, in order to obtain 
their services in carrying out any of the Secretary's responsibilities 
under this Act.''.
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